Monday, May 23, 2011

FLorida - When Convicted Sex Offenders Are Released...

http://newportrichey.patch.com/articles/when-convicted-sex-offenders-are-released

Marty Driscoll, a Dept. of Corrections contractor for treatment of convicted sex offenders, talks about sex offender treatment 



What comes next for convicted sex offenders who are released from prison?

Marty Driscoll, Co-Chair of the Domestic and Sexual Violence Task Force for Pasco County, is a licensed therapist who helps sex offenders find the answer to this question.

I spoke to him about what it is like to work with the convicted sex offenders who are out of jail on probation or parole:

Driscoll is a licensed mental health therapist who worked with child abuse prevention and started first child abuse prevention program in Pasco County. Then in private practice, he noticed there was a lack of sex offender treatment in East Pasco. He started a small treatment program, then got a Department of Corrections contract in 1989.

The program has grown into a 3 and a half year minimum treatment regimen for convicted sex offenders. If a defendant is not convicted, or if he or she is allowed to do something like plea down to felony child abuse instead of felony sex crime, then Driscoll cannot treat them. Then they get enrolled in a year-long child abuse prevention education program but not treatment. They do not work on their individual issues. Driscoll said he also gets people with custody issues who have been accused of sex abuse and also a non-offending parent treatment program for the mother 

Take a plea? Wow, that sounds easy and simple enough. What most don't know that when a plea is given, that person is now on life-time registry even if that plea seems better. Fight it and you will likely loose so what choice is there really?

Participants have to meet certain requirements as a condition imposed in the sentence by the judge under Driscoll's program, called Prevention Projects Inc.

Never heard of it....

Even if the judge does not directly require a polygraph, the court ordered program does requires the polygraph, even if not named in the sentence. 

Most sex offenders are required to take polygraphs every year. That fee is to be paid by the sex offender who can't get a job or place to live. So if the fee isn't paid ....likely its back to jail you go. That is great for Florida's budget and recidivism rate when it is a technical violation and not another sexual offense.

What is Driscoll's role in the court process for sex offenders?

Driscoll gets the offender after there has been conviction. There are exceptions: "Some lawyers send the offender ahead of time to work a plea bargain but that is rare," he said.

Where is the level of a sex offender. How is that rated? Do we know how violent or aggressive that sex offender is or did an 18 year old happen to date a sixteen year old. How about sexting? How about that non-violent, first-time offender that made that one mistake just as that person intoxicated did getting behind a wheel of a car?

Does Driscoll encounter controversy because he works with sex offenders? Yes, he said.

Interesting follow-up below and very in-depth, Ms. Megison...

"The controversial side: they are offenders are on the lowest rung of the criminal ladder, even below murderers," Driscoll said.

What is a treatment goal that he has with them? "A key element is to learn how to regain their integrity. Society is not going to forgive them, so how do they forgive themselves, or else they live an unhealthy shame-based life. (The) majority are called regressed sex offenders: under certain situational and psychological conditions, they will turn to an underage person…not necessarily pre-adolescent. The probability of re-offense is therefore higher."

"(Sex offenders) don't see people, they see objects," Driscoll said. "They experience anger, sadness and depression," he said.  

Interesting concept...how about those that have are low-risk, non-violent and aren't predators but are constantly lumped as the same. Come on...do you call someone who had a first-time DUI -- a drunk and he will do it again? So how can you call a first-time, non-violent, low-risk sex offender -- a predator...a monster?

According to Driscoll, sex offender treatment involves learning what triggers a sex offender psychologically to offend. Sometimes it is a sex fantasy they enact on a child. Once you discover the trigger, you can help reduce the chance that they will re-offend, Driscoll said.

Yes, there are some very dangerous sex offenders out there. But why not incarcerate or monitor those instead of the low-risk, non-violent offenders. Fix the problem in regards to our youth not send them to jail and a life of hell with registry. How will any integrity or even hope come if there is only hatred, banishment and harassment from others.

"Treatment helps them to interrupt those behaviors," Driscoll said. "They have to learn how to have empathy for others. What they most want to avoid experiencing is empathy for their victim because it is so painful. That is the key element to stop re-offending. See a person who can help them stop what is triggering them."

People, even some judges, may sometimes hope that a psychological evaluation or other psychology tests can be used to prove or disprove whether or not someone is a sex offender. Here's the reality check from Driscoll:

"There is no test that can prove someone is or is not a sex offender. There are tests for arousal for images but not whether or not they acted on it. Misconception is that psychologically they would test normal like anyone else: it does not show a mental or personality disorder. That is why so many get away with it for so long." 

You are right and wrong. There are risk assessment tools out there...other states have them. So why not wake up or get out of the field. Many do get away with it so will the registry stop those?? not really if a thief is a good thief he will become sleeker better, If a murder is serial, he will be more manipulative. You cannot  stop them all but take those resources spent on time and money wasted on non-violent, low-risk, first time offenders and be smarter. Keep an eye on the real predators that deserve the registry, pain and grief. 

Originally, most men in the treatement program were men who were not sentenced to prison, Driscoll said.

What does this tell you. No sentencing. Probation likely? What kind of violent, high-risk sex offense would that be to have no prison time? Florida court time is wasted along with the money sucked through the justice system that is too broad when it comes to sex offender issues....but in the long run, the sex offender is the one to pay for the extensive treatment with a psychologist. So again-- no money, no place to live...ultimately probation is broken and then there's jail time and in the end who pays here...Florida's budget.

Driscoll states that more recently the sex offenders he sees are men who had longer sentences who were released from prison. 

And we know why that is...the laws. AWA,... Megan's, Jessica and the former statues of Florida. Child porn viewing. Images just downloaded in with some other shareware and not necessarily viewed.... ten years minimum?....wow!

Most in Florida had no treatment while incarcerated. The other inmates physically and verbally abuse these offenders. They are the low rung on the ladder, so that is why they would avoid going to treatment programs inside. The public thinks of them as monsters. Most of the men have come from dysfunctional families, where an uncle, grandfather, brother or somebody has exposed or molested them."

Driscoll is providing an important service. Primary prevention is something the Task Force is focusing on more now to try to prevent all abuses rather than reacting to it after it occurs.

Good luck, Mr. Driscoll, cause you are going to stay quite busy for some time to come unless Florida Laws aren't changed.

Find resources available for rape victims and information that will help you protect yourself or your loved ones by clicking on the following links.

Attorney General Division of Victim Services

http://myfloridalegal.com/pages.nsf/Main/B371D29EBE5C97748525749C00518B58

Find local rape crisis centers http://www.fcasv.org/past-saam-events

Rape Abuse Incest National Network RAINN 1-800-656-HOPE

Prevention and help for victims of sex offenses Lauren’s Kids www.laurenskids.org

Senator Fasano’s sponsored Walk in Their Shoes Act – to contact Governor Scott http://www.flgov.com/contact-gov-scott/

FDLE Sex Offender homepage http://offender.fdle.state.fl.us/offender/homepage.do

To search for sex offenders and predators in your neighborhood, go here http://offender.fdle.state.fl.us/offender/Search.js

I would love to see a "Walk in their Shoes" type act for the life of a sex offender.

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"When an American says that he loves his country, he means not only that he loves the New England hills, the prairies glistening in the sun, the wide and rising plains, the great mountains, and the sea. He means that he loves an inner air, an inner light in which freedom lives and in which a man can draw the breath of self-respect."
~Adlia Stevenson U.S. Vice President (1893–1897) and Congressman (1879–1881)

On a Personal Note

Thanks for the opportunity to express my thoughts regarding the issue of citizens’ rights, particularly addressing certain sex offenders’ crimes that do not fit the devastating, inequitable and endless punishment given.


As you know, many young men and women lives across the nation are being destroyed by incarceration, life-time registry and restrictive laws that do more harm than good. For those individuals, there is no second chance.

Below is a personal letter to President Obama:
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“Dear President Obama,

I truly agree with your sentiments that individuals, such as ex-felons, should be able to receive a second chance at life. Since we all know that one can veer off that path of life and travel along rough, rocky terrain, sometimes running off and ending up in some ditch. We all have made our fill of mistakes and sometimes those held a costly consequence that changed life forever. So we lived through it, trying harder to make things right with family, friends and those around us, but what about those who aren’t able to make things right even if they tried…because they’re labeled as too dirty, a leper, a person who is rejected from society and home.


But what if they’re a seventeen year old and had sex with a fifteen year old, consensual at that? Or they’re a teen that had gotten so enraged after a breakup that he sent out naked pictures of his girlfriend on his cell phone or email? Or an individual urinates where someone just happens to see them?


All are wrong and a travesty but do they deserve the life of no second chance with a registry that ends all. They are labeled, no jobs, no where to live…they have been deemed a menace to society, a plague. These certain circumstances, and many other situations similar to these, I believe still deserve a second change.

Fourteenth Amendment to the United States Constitution


Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.


After my son’s early release and two years of prison, I thought I had handled that fact graciously knowing after serving his time he would be able to get that fresh start, that second chance. He was an exemplary inmate, GED, college courses and vocational classes. Little did I know that a second chance on the outside was the farthest from the truth? He now struggles and lives in a trailer park sharing a trailer with another and surrounded by others in the same rocking boat, one to float endlessly in shark infested waters. I see him little because of probation requirements (he couldn’t live with us because we were 800 feet near a school). My family is afraid of what would happen to them if he lived with them…vigilantism. My son has no other place to stay since others condemn him of his crime that is screamed from the highest rooftop. Sex offender, sex offender!

Not all sex offenders are pedophiles or predators but some are simply young kids that make one stupid and rash decision that eventually changes everything, and they have no idea what they’ve done until their life is never their own. Exactly, where is that second chance for those sex-offenders who are lumped together with pedophiles and predators? Now, it makes me sick to think of my son’s future and many like him that are on the registry and many with no second chance…ever. I am asking you as a mother and as another concerned citizen of the United States that these laws are looked at again and taken into serious consideration in what they are doing to the Constitution of the United States, not for sex offenders in general but the future rights of every citizen, before anymore are put into effect. They unjustly strip an offender of their rights and place them in a guillotine that can be easily set off by anyone and at anytime. Where is the second chance for ex-sex offenders in the present, pending and future laws?”
* * * *
What truly saddens me is the weakness and deterioration of what the sex offense issue is doing to our once, great nation. Across Europe, others are seeing the injustice and disregard of rights, but we ignore this problem and it makes me wonder where humanity is heading….

We have become a hysterical society in which our latest witch-hunt is a sex offender--no matter his/her crime.

Below is a email sent from a foreign advocate to a father of a sex offender:
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“The tragic story of your son's death is just so sad that it's difficult to explain how. It was very hard to read your letters. It seems almost unbelievable that this can take place in a democracy! From our point of view, there is no justice in this. Not in any way: not for you, your son, the former girl friend – or even the state.

It is an abusive legal system. It seems barbaric. And we are so very sorry that this takes place. That's why it's so important for us to try to neutralize the debate with this…, hopefully making some changes. ….. to show the every day life of the sex offenders, trying to show how they keep on being punished, even after served prison time…..But we will for sure tell the story of the injustice that your son has been exposed to.”
* * * *
I appreciate everyone's commitment and backing to protect everyone's civil rights, plainly as noted in the Constitution of the United States and is presupposed, giving ALL men are “life, liberty and pursuit of happiness.”